commons; because the Articles make men- Sir J. Maynard refuses to submit to the Protion, That they are in maintenance of a former ceedings of the House of Lords against him.] Charge brought up from the commons against Feb. 5. The lieutenant of the Tower having them, of high treason, and high crimes and brought sir John Maynard to the bar, the misdemeanors; and it was moved to have a Speaker told him, That the lords did send conference with the commons about it; and for him to appear this day to receive his Artithe question being put, Whether to send to cles of High Treason, and other high crimes the seven Lords copies of their several and and misdemeanors, brought up from the com respective Articles, and appoint them a day to mons against him;' and commanded him to put in their Answers to the same, before such kneel at the bar as a delinquent. Sir John time as a conference be had with the commons refused; but desired that the doors of the house concerning this business, it was resolved in the might be set open for any body to come in affirmative; and ordered, That the earls of that would, and this house not be made pri Lincoln, Suffolk, and Middlesex, the lords vate, as the Council Table was: and he said, Berkeley, Hunsdon, Willoughby, and Maynard, This way of Articles was not a way of proceed shall attend at the bar on Friday morning, and ing of this kingdom; therefore he, being a com receive their several and respective Articles of moner of England, and a free-born subject, Impeachment of high treason and other high ought to be tried as a commoner, by bill or crimes and misdemeanors, brought from the indictment in the inferior courts of justice; commons against them; and that they put in and desired counsel to speak to it. He als their several and respective Answers thereunto being again commanded to kneel as a deli by to-morrow fortnight. And it was further quent, refused, saying, "He did not come ordered, That the aforesaid lords be sequestered make bargains." Upon this, the house com from the house, upon this Charge: and that manded sir John to withdraw, and the lands they shall put in bail of 4000l. a-piece and ordered that he should be fined 5001, for hin 20001. by sureties for each lord, on Friday next. refusal, in not submitting himself to the usual Feb. 3. The lords made the following Or- and ordinary way of proceeding of ther ders: 1. "That the seven impeached Lords be house, upon Articles brought from the co allowed till Tuesday next for coming to re- mons against him.-Then the lords command ceive their Charges and bringing in their Bail.ed sir John to be brought in again, and the 2. That the lieutenant of the Tower do bring sir John Maynard to the bar, on Saturday morning next, to receive his charge of High Treason, and other high crimes and misdemeanors, brought up from the house of commons against him." Speaker told him, "That their lordships h fined him 500l. for his refusal, in not saba ting himself to the usual and ordinary way of proceeding of that house, upon Artida brought up from the commons against his; and let him know that the lords had ordered That the Articles brought up from the ce mons, the 28th Jan. last, should be read" He refused to hear them read. However the Articles being read, the Speaker told him "Now his Articles having been read, might have a copy of them if he would; that he is to put in his Answer to them with Both Houses resolve to reduce the Number of Servants about the King.] The lords also gave their concurrence to the following Resolutions, sent up by the commons for that purpose: 1. "That all the Servants, appointed by both houses to attend on the King, be discharged from their attendance. 2. That all those Servants that shall be appointed to attend the King, and their servants, was allowed him, nor society, which migh shall not exceed the number of 30. 3. That relieve his anxious thoughts: to be speedly the Governor of the Isle of Wight be hereby poisoned or assassinated was the only p enjoined not to admit of any greater number pect which he had every moment before b than this of 30 to come within the Castle, to eyes: for he entertained no apprehension of s attend as servants upon the King, or as ser-judicial sentence and execution; an event vants upon the king's servants. 4. That it be referred to sir Tho. Fairfax the General, to appoint such persons as shall attend the King, not exceeding the number of 30, to continue in the said service during the pleasure of both houses." "No sooner had the king refused his assent to the four Bills, than Hammond, by orders from the Army, removed all his servants, cut off his correspondence with his friends, and shut him up in close confinement. The King afterwards shewed to sir Philip Warwick a decrepid old man, who, he said, was employed to kindle his fire, and was the best company he enjoyed during several months that this rigorous confinement lasted. No amusement which no history hitherto furnished an exa ple. The great source whence the King den ved consolation amidst all his calamities, undoubtedly religion; a principle which in seems to have contained nothing fierce gloomy, nothing which enraged him against adversaries, or terrified him with the dis prospect of futurity. While every the around him hore a hostile aspect; friends, family, relations, whom he passi ately loved, were placed at a distance, and unable to serve him; he reposed himself confidence in the arms of that Being who p netrates and sustains all nature, and whom severities, if received with piety and rest tion, he regarded as the surest pledges of ur exhausted favour." Hume. 4 days." He replied, " He did not hear Next, a committee, consisting of the earls of 3610 Men Ordered, That it be referred to the Committee of the Admiralty and Cinque-Ports, 1. " To take speedy course that the Ships, now voted, may be fitted and prepared to go forth to sea for the next Summer's Guard. 2. To consider of the names of the Commanders for the same, and to report them to the houses with all speed. 3. To take course for the graving and fitting the rest of the parliament's ships with victuals and other necessaries, ready to be set forth to sea if occasion should require." Ordinance for the absolute Suppression of all Stage Plays. About this time a very severe Ordinance passed both houses against Stage, Players, Players of Interludes, &c. The preamble to this Ordinance is very remarkable, and shews how widely different the sentiments and fashions of the present age are from those of their ancestors in the 17th century. It runs thus: "Whereas the acting of Stage Plays, Interludes, and common Plays, condemned by antient Heathens, and much less to be tolerated amongst professors of the Christian Religion, is the occasion of many and sundry great vices and disorders, tending to the high provo cation of God's wrath and displeasure, which lies heavy upon this kingdom, and to the disturbance of the peace thereof; in regard whereof the same hath been prohibited by Ordinance of this present parliament, and yet is still presumed to be practised by divers in contempt thereof." Then the Ordinance proceeds to enact, "That all Stage Players, Players of Interludes, and common Players, shall be taken to be Rogues, and punishable within the Statutes of the 39th Eliz. and the 7th James, and liable under the pains and penalties therein contained; and proceeded against according to the said statutes, notwithstanding any licence whatsoever from the king, or any other person for that purpose." By this Ordinance also the lord mayor, justices of the peace, and sheriffs of London and Westminster, and of the counties of Middlesex and Surry, or any two of them, were authorized to pull down all stage galleries, seats, and boxes used for the acting of Stage Plays or Interludes within their several jurisdictions; and all such common players and actors were to be proceeded against as Rogues, if they still persisted to act. Every person present as a spectator at any Stage Play or Interlude hereby prohibited, was, for every time he should be so present, to forfeit 5s. to the use of the poor of the parish, being convicted thereof by his own confession, or proof of one witness upon oath, before one justice of the peace. And all mayors, bailiffs, constables, soldiers, &c. to be aiding and assisting in the execution of this Ordinance, upon pain of being fined for their neglect or refusal." more persuasive with him than Sighs and Groans; the Tears and crying Blood (as heavy Cry); the Blood of Fathers, Brothers, and Children at once; the Blood of may hundred thousand free-born subjects in three great kingdoms, which cruelty itself could but pity to destroy. We must not be so unthankful to God, as to forget we never we'v forced to any treaty; and yet we have no ex than seven times made such applications 29 the King, and tendered such Propositions that Declaration of the Commons, expressing their might occasion the world to judge we have n Reasons for declining any further Application to only yielded up our wills and affections, the King. Feb. 11. The commons had been our reason also and judgment, for obtaining some time employed in framing a Declaration to any true peace or good accommodation. b go along with the Votes of both houses, passed it never yet pleased the King to accept of 27 on the 15th of January last, against any fur-tender fit for us to make, nor yet to offer ther Application to the King, or receiving any Messages from him; the aim of which was to satisfy the whole kingdom of the necessity and justice of their Proceedings against his majesty. There had been many divisions of the house on the several Additions and Alterations in this Declaration; which being at length fully settled, a motion was this day made, That the same do pass, which was carried in the affirmative, by 80 voices against 50: the Tellers on this remarkable occasion were, for the question, sir Arthur Heslerig and sir Peter Wentworth; against it, sir John Evelyn of Surrey and Mr. Bulkeley. Next, it was resolved that this Declaration be forthwith printed and published; and it was particularly referred to the care of Mr. Lisle and Mr. Chaloner, to see that the same be truly and well printed; all the members were also required to send copies thereof to be published and dispersed in the respective places for which they served. We shall give the whole at large from the original edition published by order of the house of commons only; the concurrence of the lords not having been desired for that purpose: fit for us to receive. It is very well know that the Propositions sent to the King at th ford, and treated on at Uxbridge, were agre on by the parliaments of both kingdoms, only as just, but necessary also for the w being of these kingdoms in a settled peace safety. And although the King's persistir his wonted ways and denials, might ha caused us to improve the advantage of great success which it pleased God to affor yet when bis armies were all broken, so tam in disguise, he fled from Oxford to the Seco, Newark, and from thence went to Newcas and that Oxford, and almost all his garris were taken, we tendered, at Newcastle, Pros sitions, the same in effect with those wick had been presented before in the midst of al his strength and forces.-And notwithstand this change of his condition, and denis those Propositions, after he was left to Commissioners of Parliament, and our Brethre of Scotland quietly departed home; after his garrisons taken, and no visible force in the whole kingdom appearing for him, the K being at the sole disposal of the parli without dispute; yet even then the same F A DECLARATION of the Commons of Eng- positions were again presented to him si land in Parliament assembled, express- Hampton-Court.-In all which Addresses ing their Reasons and Grounds of Commissioners of Scotland agreed with passing the late Resolutions touching and joined with our commissioners in atte no farther Address or Application to being the King.-The King not granting made to the King. "How fruitless our former Addresses have been to the king, is so well known to the world, that it may be expected we should now declare why we made the last, or so many before, rather than why we are resolved to make no more. We cannot acknowledge any great confidence that our words could have been Afterwards two of the King's Judges. London, printed for Edward Husband, printer to the honourable house of commons, Feb. 15, 1647. Mr. Rushworth inforins us, that great care was taken in the framing of this Declaration that all the particulars thereof might be warranted by sufficient proofs; and adds, That it was worthy of every good subject's serious and mature consideration. Propositions, but still giving such strange, expected, and conditional Answers or Dena it might justly have inade us consider s other course for settling the kingdom in paz and safety, without any further applicati which was also so far agreed by our brethr of Scotland, at their leaving Newcastle, their Commissioners declared, in case King consented not to the Propositions, they would maintain the treaties and made between the kingdoms. But so desins were we of his concurrence in the settlemen the kingdom's peace, that we yet again solved upon another Address, and did so qu lify the said Propositions, that, where it stand with the public safety, his wonted scrap and objections were prevented or removed And although we could not forget how dange rous and void of success our former treatis Which yet might have been forgotten, had not a continued track of breach of trust to the three kingdoms, since he wore the crown, made us, though unwilling, to remember it. We take no pleasure to repeat our own miseries, or others mischief, if it might be hidden or forgotten; but we are now forced to speak what hath long been suffered in too much silence. The King himself, in public Speeches and Declarations, hath laid a fit foundation for all tyranny, by this most destructive maxim or principle, which he saith he must avow, That he oweth an account of his actions to none but God alone; and that the houses of parliament, or declare any Law.' The private Articles agreed, in order to the Match with Spain, and those other private Articles upon the French Marriage, so prejudicial to the peace, safety, laws, and religion here established, and the continued correspondence which bath since been carried on with Rome, are so evident as cannot be denied.-We cannot but call to mind the Proceedings and Passages of the parliament held in the 2nd year of this king's reign, concerning the Death of his Royal Father. The 10th of May, 1626, the house of commons charged the duke of Buckingham, among other things, in these words, viz. "Whereas the 'sworn physicians of our late sovereign lord king James, of blessed memory, attending on his and been, and that a personal treaty had been leclared, by both houses and the commissionrs of Scotland, to be unsafe, without security and satisfaction first given; yet we also yielded o that, on condition the king would sign but our Bills, which we judged not only just and onourable, but necessary even for present eace and safety during such a treaty.-We ave cause enough to remember, that he somemes denied to receive our humble Petitions | or Peace; and when we desired him to apoint some place for a committee of both ouses to attend bin with Propositions for eace, he named Windsor, promising to abide hereabouts till they came unto him; but pre-joint or separate, have no power either to make ently marched forward, that very night, so near ondon, that he had almost surprised it, while e had so engaged himself for a treaty, had not me few of our foot at Brainford, with invincile courage, exposed themselves to apparent eath, till his army was forced to retire in ar and shame, with the guilt of most inhuman nd barbarous cruelties committed at Brainford assure London, what it must have expected, ad not God prevented those bloody designs.— | nd we well remember, that the King once nt us a specious Message of renewing a trea, when at the same time his messenger was structed how to manage that bloody Massae in London, which was then designed by rtue of the king's commission, since published. Aud, about the time of the Treaty at Ux-majesty in the month of March, in the 22nd idge, he excused himself to the Queen by a etter under his own hand, as forced to that eaty by the mutinous motions of his mungrel rliament at Oxford; and that he could not id any two of them of his mind, else he would t have acknowledged us for the parliament England; which yet he did with a protestaon, entered into the Council-Books, That bis lling us so, did not make us a parliament. which was but small encouragements again make ourselves his sport or scorn by any Der treaty; yet we now yielded to this also. But notwithstanding this and all former tenrs, we have now received such a denial, that are in despair of any good by addresses to e King, neither must we be so injurious to e people, in further delaying their settle-bedchamber, That no meat or drink whatsoent, as any more to press his consent to ese or any other Propositions. Nor can we why it should be expected a new Engage ent could prevail on him, or oblige him ore strongly to the kingdom, than the solemn ath of his Coronation, and the several other ws, Protestations, and Imprecations so freently by him broken, during his whole reign, d so often renewed before God and the whole rld.-We may be the more justified herein those that know what passed between the ng and our Brethren the Scots, when those ticles were agreed and confirmed in the first cification, not long before these wars; which, soon as their backs were turned, and their mies out of sight, were disavowed again by e king, and by his command publickly burnt London by the hands of the hangman. VOL. III. 6 year of his most glorious reign, in the times of 'his sickness, being an ague, did, in due and necessary care of and for the recovery of his 'health, and preservation of his person, upon ' and after several mature consultations in that behalf had and holden at several times in the 'same month, resolve, and gave directions, That nothing should be applied or given unto his highness, by way of physic or diet, during his said sickness, but by and upon their gene 'ral advice and consents: And, after good deliberation thereof first had, more especially by their like care and upon like consultations, 'did justly resolve and publickly gave warning to and for all the gentlemen and other servants and officers of his said late majesty's ever should be given unto him within 2 or 3 hours next before the usual time of and for the coming of his fit in the said ague, nor du ring the continuance thereof, nor afterwards, until his cold fit was past; the said duke of Buckingham being a sworn servant of his late majesty, of and in his majesty's said bedchamber, contrary to his duty, and the tender respect which he ought to have had of his majesty's most sacred person, and after the 'consultations, resolutions, directions,and warning aforesaid, did nevertheless, without any 'sufficient warrant in that behalf, unduly cause and procure certain plaisters, and a certain drink or potion to be provided for 'the use of his said majesty, without the direc * See vol. ii. p. 3 I 117. tion or privity of his said late majesty's phy- of that Charge, and told them he could be a sicians, not prepared by any of his majesty's witness to clear him in every one of them; sworn apothecaries or surgeons, but com- unto which Charge no Answer came in un's 'pounded of several ingredients to them un- the 8th of June following; and the 10th day known; notwithstanding the same plaister, after, it was ordered by the house of peers 13 or some plaister like thereunto, having been be communicated to the commons: but w formerly administered unto his said majesty, the house were preparing to send up thei did procure such ill effects, as that some of the Proofs, upon which they declared, That they 'said sworn physicians did altogether disallow 'doubted not but to have judgment against t thereof, and utterly refuse to meddle any fur said Duke,' the King expressed a sudden par ther with his said majesty until those plaisters pose to dissolve the parliament. And altho were removed, as being prejudicial to the the house of peers petitioned for its contine health of his majesty; yet, nevertheless, the ance, expressing their great and universal su same plaister, as also a drink or potion, was row for his intentions to dissolve it; yet, n provided by him the said duke, which he the withstanding all this, the said Parliament was said duke, by colour of some insufficient and dissolved the 15th day of the same Juneslight pretences, did, upon Monday the 21st the same time also, during the parliament, t day of March, in the 22nd year aforesaid, Dudley Diggs and sir John Elliot, who spe when his majesty, by the judgment of his said ally managed that Conference and Examin physicians, was in the declination of his dis- tions, were committed close prisoners to ease, cause and procure the said plaister to Tower, within two days after the said Char be applied to the breast and wrists of his said by warrant under the king's own hand. Aud late majesty; and then also, at and in his Messages and Interruptions were const majesty's fit of his said ague, the same Mon-ly sent from the King to the houses while ther day, and at several times, within two hours had the said Charge in agitation; and the pa before the coming of the same fit, and before liament being dissolved before justice could b his majesty's then cold fit was past, did deli- done, there never was any legal inquiry ma ver, and cause to be delivered, several quan- at any time since, concerning the Death of th tities of the said drink or potion to his late said King. We leave the world now to ju majesty; who thereupon, at the same times, where the guilt of this remains. We can fuly within the seasons in that behalf prohibited shew how Rochelle was by him betraye by his majesty's physicians as aforesaid, did, and thereby a fatal blow given to the Pro by the means and procurement of the said tant cause in France. How also be lent 6♦ duke, drink and take divers quantities of the vers of the navy royal, and other merces ⚫ said drink or potion, applied and given unto, ships, to the French King, to be empl and taken and received by, his said majesty against those whom he was engaged to b as aforesaid, great distempers and divers ill assisted.-And, when some of the commandes symptoms appeared upon his said majesty; and others in those ships were so much E insomuch that the said physicians finding his lish as to dispute those Orders, we can ster majesty the next morning much worse in the the King's letter under his own hand to Ca estate of his health, and holding a consulta- Pennington, to put them into the service tion thereabout, did, by joint consent, send the French King, or to sink them in case unto the said duke, praying him not to ad-refusal.-We cannot forget the designs to at venture to minister unto his majesty any slave us by the German horse (that we say more physic without their allowance and ap-thing of the late Spanish Flect, with a great probation; and his said majesty himself, finding himself much diseased and atilicted with pain and sickness after his then fit, when, by the course of his disease, he expected inter-ing of Commons, ingrossing of Gunpowder, mission and ease, did attribute the cause of innumerable Patents and Monopolies of ah, such his trouble unto the said plaister and salt, sea-coal, soap, leather, wine, sugar, drink, which the said duke had so given, lom, farthings, pins, tobacco, and almost and caused to be administered unto him; things else; together with that one com which said adventrous act, by a person dium of all oppression and slavery, caed obliged in duty and thankfulness, done to Ship-Money. The torture of our bodies, the person of so great a king, after so ill suc- most cruel whippings, slitting of noses, cutte cess of the like formerly administered, con- off ears, branding of cheeks, racks and p trary to such directions as aforesaid, and ries, with close imprisonment at pleasure, accompanied with so unhappy an event, to might be the sooner forgotten, had not the great grief and discomfort of all his ma-souls been also lorded over, led captive jesty's subjects in general, is an offence and mis-superstition and idolatry; triumphed on demeanour of so high a nature, as may justly oaths ex officio, excommunications, cerem be called, and is by the said commons, deemed ous Articles, new Canons, Canon Oaths, &c to be, an act of transcendent presumption, and One thing more was found to make us w of dangerous consequence.'-And delivered it than slaves, in that we might not hope at a conference to the lords. After which the liberty: the very name of Parliament be ing came into the lords house and took notice came so odious at the court, that if in 18 yeas my therein, brought into the Downs, 1639 to grind us by inforced Loans, Privy-Seals, C and Conduct-Money, inlarging of Forests in |